Page:United States Statutes at Large Volume 104 Part 1.djvu/749

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PUBLIC LAW 101-382—AUG. 20, 1990 104 STAT. 715 (6) There is evidence of a shortfall in the supply of unprocessed timber in the western United States. (7) There is reason to believe that any shortfsdl which may already exist may worsen unless action is taken. (8) In conjunction with the broad conservation actions expected in the next few months and years, conservation action is necessary with respect to exports of unprocessed timber. (b) PURPOSES.— The purposes of this title are— (1) to promote the conservation of forest resources in conjunction with State and Federal resources management plans, and other actions or decisions, affecting the use of forest resources; (2) to take action essential for the acquisition and distribution of forest resources or products in short supply in the western United States; (3) to take action necessary, to meet the goals of Article XI 2.(a) of the General Agreement on Tariffs and Trade, to ensure sufficient supplies of certain forest resources or products which are essential to the United States; (4) to continue and refine the existing Federal policy of restricting the export of unprocessed timber harvested from Federal lands in the western United States; and (5) to effect measures aimed at meeting these objectives in conformity with the obligations of the United States under the General Agreement on Tariffs and Trade. SEC. 489. RESTRICTIONS ON EXPORTS OF UNPROCESSED TIMBER ORIGI- 16 USC 620a. NATING FROM FEDERAL LANDS. (a) PROHIBITION ON EXPORT OF UNPROCESSED TIMBER ORIGINATING FROM FEDERAL LANDS. —No person who acquires unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States may export such timber from the United States, or sell, trade, exchange, or otherwise convey such timber to any other person for the purpose of exporting such timber from the United States, unless such timber has been' determined under subsection 0?) to be surplus to the needs of timber manufacturing facilities in the United States. (b) SURPLUSES. — (1) DETERMINATIONS BY SECRETARY CONCERNED. — The prohibition contained in subsection (a) shall not apply to specific quantities of grades and species of unprocessed timber originating from Federal lands which the Secretary concerned determines to be surplus to domestic manufacturing needs. (2) PROCEDURES. —Any determination under paragraph (1) shall be made in regulations issued in accordance with section 553 of title 5, United States Code. Any such determination shall be reviewed at least once in every 3-year period. The Secretary Federal concerned shall publish notice of such review in the Federal ^gj?*®!^.' Register, and shall give the public an opportunity to comment P^^i^^cation. on such review. SEC. 490. LIMITATIONS ON THE SUBSTITUTION OF UNPROCESSED FED- 16 USC 620b. ERAL TIMBER FOR UNPROCESSED TIMBER EXPORTED FROM PRIVATE LANDS. (a) DIRECT SUBSTITUTION.— (1) Except as provided in subsection (c), no person may purchase directly from any department or agency of the United States unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States if—